Auto-Renewable Subscriptions Service Agreement
1. Acceptance of and Modifications to Service Terms
1.1 This Agreement is entered into by and among the Customer of “Appfast: Mobile app builder” (users of Appfast JSC’ mobile platforms or devices, and web applications accessible on third-party social networking services hereinafter referred to as “Customer”) and Appfast Entertainment Software Services JSC. (hereinafter referred to as “Appfast JSC”) with respect to the use of the automatically authorized subscription renewal fees deduction service performed by Appfast JSC (hereinafter referred to as “The Service”), which describes the rights and obligations of customers and Appfast JSC with respect to the use of the service and other matters. “Customers” shall refer to the individuals or entities who receive the subscription service from Appfast JSC.
1.2 This Agreement shall constitute the conditions precedent for customers’ (whether individuals or entities) use of the service provided by Appfast JSC. Customers shall have no right to use the service unless they have accepted the terms of this Agreement, and it shall be deemed that the customers have agreed to be bound by the terms of this Agreement if they choose to use the service.
2. Description of Services
2.1 In order to satisfy customers’ demands for automatic subscription renewal fees deduction, the service is performed with a view to avoiding losses caused by the failure of customers to pay renewal fees in time due to negligence or for other reasons to the extent that customers have applied for the service. Customers irrevocably authorize Appfast JSC to deduct the fees for the next billing period on their behalf from the balance of the customers’ re-charge accounts, and third-party payment accounts, bank cards and communication accounts which are bound up with the accounts of the customers (hereinafter referred to as “Accounts”) prior to the imminent expiration of the valid period (including but not limited to per week/month/quarter/year) for the customers, provided that customers have bound their accounts opened with Appfast JSC with the aforesaid accounts from which charges may be successfully deducted.
2.2 “Automatic Subscription Renewal Fees Deduction” shall mean a deduction method by which Appfast JSC charges customers the fees for the next billing period from the aforesaid accounts based on the premise set forth in Article 2.1, customers are required to ensure that Appfast JSC may successfully deduct the fees from the aforesaid accounts and shall be solely responsible for the failure of renewal due to inadequate and deductible balance of the aforesaid accounts.
2.3 While enjoying the service, customers shall be bound by the “Appfast Terms of Service” (hereinunder, the TOS) and use of the service by customers shall be deemed that they agree on the service terms hereof and public notices sent by Appfast JSC with respect to the service.
2.4 The service performed by Appfast JSC for customers shall only be used by customers on the platforms or game products of Appfast JSC, and any separation of the contents of the service performed by Appfast JSC from the platforms thereof by illegal means, such as malicious cracking, etc. shall not be part of the service as agreed to herein. All the legal consequences arising therefrom shall be borne by the responsible parties and Appfast JSC will investigate the legal responsibilities on the part of the responsible parties by operation of the law.
3. Rights and Obligations of the Parties
3.1 Appfast JSC shall be responsible for providing customers with access to the detailed information on charges pertinent to automatic subscription renewal fees deductions, instead of printing the relevant invoices and forwarding the same to customers.
3.2 Once the Auto-Renewable Subscriptions Service become effective, Appfast JSC shall deduct the fees for the next billing period within 24 hours before the end of the current billing period from the aforesaid accounts of the customers and put the payment information of the customers on record, with a corresponding extension of the validity period for customers. There may exist a delay in the display of the status of the Auto-Renewable Subscriptions Service. The final status of Auto-Renewable Subscriptions Service shall be determined by the actual deduction situation. If one customer did not cancel the Auto-Renewable Subscriptions Service 24 hours before the end of the current billing period, the Auto-Renewable Subscriptions Service shall be automatically subscribed for next billing period, under which the fees for the next billing period will be deducted accordingly.
3.3 In case of errors in the process of deducting the fees, Appfast JSC shall collaborate closely with the customers on identification of the causes and respectively assume the losses caused through their own fault; if losses are caused through unequal fault of the parties, they shall bear the corresponding responsibilities in light of the degree of their fault; and the parties shall evenly share the responsibilities in case of joint and several liabilities.
3.4 Appfast JSC may change or modify the relevant service contents, rules and terms of this Agreement based on its business development or technology upgrades, etc. It shall publish the contents to be modified on its relevant webpages prior to the aforesaid changes or modifications, without separately sending notices to individuals. If customers disagree on the modifications hereto, it may cancel and suspend the use of services which has already become available to them; if they continue to use the service provided by Appfast JSC, it shall be deemed that the customers have accepted all the modifications to this Agreement.
3.5 Customers shall decide whether or not to cancel the service at their own discretion, if they choose not to cancel the same, it shall be deemed that customers agree with Appfast JSC on attempts to deduct fees on an irregular basis according to certain rules, once the fees are successfully deducted, Appfast JSC will provide customers with the value-added services for the next billing period.
3.6 If prices for the value-added services are adjusted by Appfast JSC at the time of/prior to the automatic subscription renewal fees deduction, the currently valid prices shall prevail.
3.7 Although the service is provided to customers by Appfast JSC free of charge, Appfast JSC is entitled to decide whether or not to charge for the service or adjust the automatic subscription renewal fees deduction period and fees by taking into account business needs or changes to market conditions, etc., and make the relevant information publicly available on the webpages to the customers.
4. Term and Termination of this Agreement
4.1 This Agreement shall come into effect after customers choose to accept or use the service and remain valid until when the TOS is terminated or when the customers terminate the service or cancel their qualifications.
4.2 Customers shall have the right to choose to terminate the service by setting their accounts in the in-game setting or the settings in other third-party platforms (if applicable) under the guidance of Article 3.2 of this Agreement, and Appfast JSC will cease to provide the service to customers upon the termination of the service.
4.3 The instructions by which customers automatically authorize Appfast JSC to deduct the subscription renewal fees before they choose to terminate the service shall remain valid. Appfast JSC will not refund charges deducted following such instructions with the relevant responsibilities being borne by the customers.
5. Liability for Breach of This Contract
If either party violates this Agreement, the non-breaching party shall have the right to claim compensation by way of dispute resolution agreed to by the parties.
6. Dispute Resolution and Governing Law
This Agreement and any action related thereto will be governed by and construed in accordance with the laws of the State of California applicable to agreements made and to be entirely performed within the State of California, without regard to its conflict of law principles. Any dispute arising from or in connection with This Agreement (each a “Dispute” and collectively, the “Disputes”) shall be brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 180 days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Appfast Entertainment Software Services JSC.